Evans v. MOFFAT

Dissenting Opinion by

Woodside, J.:

I dissent on the ground that the Supreme Court has held as a matter of law that the identical evidence of liability presented in this case was insufficient to support a finding against the defendants, and that the case so holding has not been reversed.

In 1951 twenty-six cases were brought against Bobert Y. Moffat et al. in which all of the plaintiffs claimed damages for injuries to their respective home's allegedly caused by noxious gas emanating from the mine refuse dumps maintained by the defendants.

One of the actions, Waschak v. Moffat, was used as a test…